Musk v. Altman week 1: Musk says he was duped, warns AI could kill us all, and admits that xAI distills OpenAI’s models

May 2, 2026 - 10:35

The first week of the legal showdown between Elon Musk and OpenAI has delivered a mix of high drama, existential dread, and a potentially damaging admission. Musk, testifying in the high-profile case, claimed he was "duped" into co-founding the company, alleging that its shift from a non-profit research lab to a for-profit juggernaut was a betrayal of their original mission. He warned that without proper oversight, artificial intelligence could "kill us all," a stark prediction he has made before but now anchors to his legal argument.

However, the most striking moment came under cross-examination. OpenAI's attorney pressed Musk on the operations of his own AI venture, xAI. Musk admitted that his company, xAI, has been "distilling" OpenAI's models. In technical terms, distillation involves using a larger, more powerful model to train a smaller, more efficient one. This admission undercuts Musk's central claim that OpenAI is hoarding its technology and acting against the public interest. The lawyer hammered the point home, suggesting that Musk's lawsuit is less about principle and more about competitive jealousy.

Musk remained composed throughout the questioning, but the testimony painted a complex picture. He portrayed himself as a founder who lost control of his creation, while OpenAI's legal team painted him as a disgruntled competitor seeking to slow down a rival. The case is far from over, but week one has already blurred the lines between altruism, profit, and ego in the race for artificial general intelligence.